|Welcome to www.ebooking-solutions.com.
This Client agreement ("Agreement") lists the terms and conditions between you (the Customer) and SOFTEXPERT Consulting LLC, for use of services on www.ebooking-solutions.com.
Access to SOFTEXPERT Consulting's eBooking-solutions proprietary platform and on-line services subject to the unconditional agreement and compliance of the Customer with the terms and conditions below (hereinafter the "Agreement"). We may amend this Agreement at anytime by posting the amended terms on our site. Except as stated below, all amended terms and conditions shall automatically be effective thirty (30) days after we initially post them on our site.
EBOOKING-SOLUTIONS.COM is available to individuals and companies.
Without limiting the foregoing our services and products are not available to minors.
By electing to sign up on www.ebooking-solutions.com, the Customer can use all the services on the site.
The Customer hereby agrees with the fees presented on www.ebooking-solutions.com.
The Customer hereby agrees to make the payment online by credit card (2Checkout.com is an authorized retailer for SOFTEXPERT Consulting) or using the email payment system provided by www.moneybookers.com no later than the seventh day following the receiving of the pro-forma invoice.
The pro-forma invoice will be sent by email at the address provided by the Customer at the registration at the beginning of each month for the services provided by www.ebooking-solutions.com the previous month.
- Customers Rights and Responsibilities
- The Customer is solely responsable for the use of service, for the content of the messages sent using the services provided on www.ebooking-solutions.com.
- SOFTEXPERT Consulting does not agree with spam and advises all its Customers not to use the services on www.ez-esender.com for spam. If we receive proofs that a Customer uses this service for spam purposes and doesn't terminate this practice, the registration will be discontinued. All messages will give the receivers the possibility to unsubscribe from mailing lists and refuse to receive email messages, either from a particular Customer of from all Customers of EBOOKING-SOLUTIONS.COM.
- Representation and Warranties
- The Customer hereby represents and warrants that he/she is has sufficient authority to enter into this Agreement.
- The Customer agrees and represents that all information the Customer provides for the purpose of enrolling, as a Customer will be accurate, complete and current.
- The Customer represents and warrants that the message(s)
- does not violate any law or regulation of any governmental agency,
- does not infringe in any manner on any copyright, patent, trademark, trade dress, trade secret or any other intellectual property rights of any third party, (iii) does not breach any duty or rights of any person or entity including, without limitation, rights of publicity or privacy, or has not otherwise resulted in any user fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity, (iv) is not false or misleading, (v) is neither involved in illegal activity, hate activity, nor promotes violence or discrimination, based on race, sex, religion, nationality, disability, sexual orientation, or age, and/or (vi) is neither defamatory, libelous, slanderous or threatening.
- WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY:
THE CUSTOMER EXPRESSLY AGREES THAT THE USE OF EBOOKING-SOLUTIONS.COM IS AT THE CUSTOMER'S OWN RISK.
EBOOKING-SOLUTIONS.COM IS AVAILABLE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
NEITHER EBOOKING-SOLUTIONS.COM NOR ANY OF ITS OWNERS, LICENSORS, EMPLOYEES, AGENTS, CONSULTANTS OR CONTRATORS, MAKES ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING EBOOKING-SOLUTIONS.COM, ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH EBOOKING-SOLUTIONS.COM OR ANY RESULTS OBTAINED THROUGH THE USE THEREOF.
EBOOKING-SOLUTIONS.COM HEREBY DISCLAIMS ON BEHALF OF ITSELF AND ALL INFORMATION PROVIDERS, LICENSORS AND/OR LICENSEES OF IT ANY AND ALL WARRANTIES INCLUDING, WITHOUT LIMITATION
(1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF EBOOKING-SOLUTIONS.COM AND /OR INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH EBOOKING-SOLUTIONS.COM; AND
(2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ANY LIABILITY OF EBOOKING-SOLUTIONS.COM, ITS INFORMATION PROVIDERS, LICENSORS, LICENSEES, EMPLOYEES, AGENTS, CONSULTANTS, OR CONTRACTORS, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, FAILURE OF DELIVERY OF MERCHANDISE, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR UNLAWFUL USE OF EBOOKING-SOLUTIONS.COM'S RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT ALREADY PAID TO EBOOKING-SOLUTIONS.COM, ITS INFORMATION PROVIDERS, LICENSORS, LICENSEES, EMPLOYEES, AGENTS, CONSULTANTS OR CONTRACTORS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE EBOOKING-SOLUTIONS.COM AND/OR THE SITES LINKED TO/ FROM EBOOKING-SOLUTIONS.COM OR FOR ANY BREACH OF WARRANTY.
THE CUSTOMER AGREES THAT THE CUSTOMER WILL NOT HOLD EBOOKING-SOLUTIONS.COM RESPONSIBLE FOR THE SELECTION OR RETENTION OF, OR ANY ACTS, ERRORS, OR OMISSIONS BY, ANY THIRD PARTY IN CONNECTION WITH EBOOKING-SOLUTIONS.COM AND/OR SITES LINKED TO FROM EBOOKING-SOLUTIONS.COM, INCLUDING, WITHOUT LIMITATION, THOSE WITH WHOM EBOOKING-SOLUTIONS.COM CONTRACTS TO OPERATE VARIOUS PORTIONS OF EBOOKING-SOLUTIONS.COM AND THOSE TO WHOM EBOOKING-SOLUTIONS.COM PROVIDES LINKS TO FOR CONTENT, ADVERTISING OR ANY OTHER TYPE OF DATA OR INFORMATION.
The Customer hereby agrees to indemnify, defend (with counsel reasonably acceptable to EBOOKING-SOLUTIONS.COM), protect and hold harmless EBOOKING-SOLUTIONS.COM, its officers, directors, shareholders, affiliated entities and persons, employees, agents, representatives and attorneys (collectively the "Representatives") from and against any and all claims, causes of actions, demands, judicial and administrative proceedings, liabilities, forfeitures, errors, damages, costs and expenses (including without limitation, reasonable attorneys' fees and attendant costs and expenses, whether or not suit is filed or proceedings instituted thereon), directly or indirectly arising in connection with this Agreement, or any breach or default in performance by the Customer of any of the Customer obligations hereunder.
- Parties Relationship
- Nothing in this Agreement is intended by SOFTEXPERT Consulting LLC or the Customer to create or constitute a joint or collaborative venture or partnership of any kind between the Customer and SOFTEXPERT Consulting LLC nor shall anything in this Agreement be construed as constituting or creating any agency, employment relationship, joint or collaborative venture or partnership between the Customer and SOFTEXPERT Consulting LLC its employees, agents or assigns.
- The Customer acknowledges and agrees that SOFTEXPERT Consulting LLC shall has no control nor ownership interests of any kind in the Customer's business or its Website.
- The Customer hereby agrees and understands that SOFTEXPERT Consulting LLC is not responsible for the maintenance of the Customer'S Website. The Customer further acknowledges and agrees that SOFTEXPERT Consulting LLC has no direct or indirect control over the content of performances or services, the manner of performances or services, or the time or duration of provision of performances or services by the Customer on, at or in association with its Website except as specifically set forth in this Agreement.
- The Customer acknowledges and agrees that the Customer shall have no financial or other interest in SOFTEXPERT Consulting LLC or any property owned by SOFTEXPERT Consulting LLC its customers, agents, successors or assigns.
- If the Customer is dissatisfied with EBOOKING-SOLUTIONS.COM or with any of the terms and conditions contained herein, the Customer's sole and exclusive remedy is to terminate its account.
- SOFTEXPERT Consulting LLC may, in its sole discretion, without prior notice, terminate the Customer account, and discontinue the Customer's participation in EBOOKING-SOLUTIONS.COM, or the Customer's use of any search term. SOFTEXPERT Consulting LLC shall terminate the Customer account if SOFTEXPERT Consulting LLC believes that the Customer conduct is harmful to other users and Customers who participate in EBOOKING-SOLUTIONS.COM. All decisions made by SOFTEXPERT Consulting LLC in this matter shall be final.
- SOFTEXPERT Consulting LLC, in its sole discretion, may suspend or terminate the Customer account with EBOOKING-SOLUTIONS.COM including, without limitation, if payment cannot be charged to the Customer's credit card, if a chargeback is posted to the Customer's account, or if SOFTEXPERT Consulting LLC feels that the Customer has provided false or misleading information or violated the terms of this Agreement.
IMPORTANT: CANCELLATION OR TERMINATION MAY NOT ALWAYS ENTITLE THE Customer TO A REFUND. PLEASE SEE THE SECTION ENTITLED REFUNDS FOR MORE INFORMATION.
If the Customer decides to terminate its account, and the Customer provides a written notice to SOFTEXPERT Consulting LLC, the Customer's account will be deemed terminated when EBOOKING-SOLUTIONS.COM receives such notice. The Customer will only receive a refund for amounts not yet charged to the Customer's account.
SOFTEXPERT Consulting LLC may give general notices to the Customer by posting on www.ebooking-solutions.com or, if possible, via electronic mail to the Customer's email address. The Customer may give notice to SOFTEXPERT Consulting LLC in writing to SOFTEXPERT Consulting LLC, via electronic mail at firstname.lastname@example.org.
- Force Majeur
In the event SOFTEXPERT Consulting LLC is prevented from performing by reason of electrical or communications line interruption, fire, accident, strike, riot, act of terrorism, act of God, or the public enemy, due to War or similar basis, this Agreement shall resume as soon as practicable and Customer hereby agrees and understands that SOFTEXPERT Consulting LLC shall not be liable to provide the services in any manner whatsoever.
- Further Assurances
Each party to this Agreement shall execute all instruments and documents and take all actions as may be reasonably required to effectuate this Agreement.
- Time of Essence
Time and strict and punctual performance are of the essence with respect to each provision of this Agreement.
SOFTEXPERT Consulting LLC in their sole discretion may waiver their rights at anytime. Such waiver shall not be construed as a further waiver at a subsequent time. Customers rights and remedies are deemed waived upon occurrence.
- Prior Understanding
This Agreement contains the entire agreement between the parties to this Agreement with respect to the subject matter of this Agreement, is intended as a final expression of such parties' agreement, is intended as a complete and exclusive statement of the terms of such agreement, and supersedes all negotiations, stipulations, understandings, agreements, representations and warranties, if any, with respect to such subject matter, which precede the execution of this Agreement. SOFTEXPERT Consulting LLC may change this Agreement at any time upon notice published on www.ebooking-solutions.com. Any use of EBOOKING-SOLUTIONS.COM shall be deemed to be continued acceptance of this Agreement including its amendments and modifications. SOFTEXPERT Consulting LLC reserves the right to discontinue offering EBOOKING-SOLUTIONS.COM services at any time.
- Partial Invalidity
Each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. If any provision of this Agreement or the application of such provision to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected by such invalidity or unenforceability, unless such provision or such application of such provision is essential to this Agreement.
- ACCEPTANCE AND EXECUTION OF THIS AGREEMENT.
BY CLICKING ON THE "SUBMIT FORM" BUTTON ON THE EBOOKING-SOLUTIONS.COM SIGN-UP PAGES, AND BY SUPPLYING EBOOKING-SOLUTIONS.COM WITH ALL THE REQUIRED INFORMATION TO OPEN AND MANAGE AN ACCOUNT, THE Customer ACKNOWLEDGES THAT THE Customer AGREES TO ALL OF THE TERMS, CONDITIONS, PROMISES, WARRANTIES, DUTIES AND OBLIGATIONS SET FORTH IN THE ABOVE AGREEMENT.